Hitesh @ Bavko Shivshankar Dave VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D. Y. CHANDRACHUD, SURYA KANT
Hitesh @ Bavko Shivshankar Dave – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondent: Deepanwita Priyanka.

Table of Content
1. conviction and sentence details. (Para 1 , 2)
2. consideration for pre-mature release. (Para 3)
3. exercise of discretion by state on remission. (Para 4)
4. policy application for pre-mature release. (Para 5)
5. disposition of the petition and applications. (Para 6)

ORDER :

2. The custody certificate issued by the Superintendent, Morbi Sub Division Jail, Gujarat on 3 March 2022 indicates that the appellant has undergone a total sentence of approximately 15 years and 4 months, without remission.

4. In State of Haryana vs. Jagdish (supra), this Court has held thus:

5. In the circumstances, following the law laid down by this Court, we order and direct that the case of the petitioner for pre-mature release shall be duly considered by the competent authority on the basis of the policy which held the field on 16 July 2002, when the petitioner was convicted by the trial court. A decision on the application for pre-mature release shall be taken within an outer limit of three months from the date of the order of this Court.

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